Man pleads not guilty in hatchet attack case

He faces seven felony counts

NORTH COUNTY COURTS 
A Border Patrol agent accused of attacking two people with a hatchet in the Escondido home where his estranged wife and daughter were living pleaded not guilty yesterday to felony charges.

Gamalier Reyes Rivera, 32, faces seven felony counts including attempted murder, torture, aggravated mayhem, assault with a deadly weapon and burglary. If convicted, he could be sentenced to life in prison.

During a brief arraignment, Vista Superior Court Judge Marshall Hockett granted the prosecutor's request to increase Rivera's bail to $10 million, saying he is both a danger to the community and a flight risk.

Authorities said the bloody attack occurred shortly after 1 a.m. July 9 at a home on South Upas Street near Ninth Avenue where Rivera's wife, Erika Von der Heyde, and their 7-year-old daughter had been living.

The assailant swung a hatchet at two of Von der Heyde's roommates – a woman and her 29-year-old boyfriend – both of whom suffered serious injuries. The woman was treated for leg wounds.

Deputy District Attorney George Loyd said in court that the man was “nearly hacked to death.” Outside the courtroom, Loyd said he was told the man's condition had improved over the weekend and that he was in “guarded condition.”

The prosecutor said circumstantial evidence points to Rivera's estranged wife as the intended victim of the attack.

Deputy Public Defender Jeremy Burland, who represented Rivera yesterday, made few comments about the case in court.

The day before Rivera's arrest, a judge ordered that his wages be garnisheed to pay $2,200 a month in child and spousal support, according to court documents.